1. Introduction This report was prepared as a result of the Peace Institute’s research activities within the project ‘JUSTICE FOR ALL - Enhancing the Rights of Defendants and Detainees with Intellectual and/or Psychosocial Disabilities: EU Cross-Border Transfers, Detention and Alternatives’. Respect for fundamental rights is vital to build mutual trust between the European Union Member States and ensure the good functioning of cross border cooperation. The Stockholm Programme urged to take efforts to strengthen mutual trust and render the principle of mutual recognition in the area of detention more efficient. In 2021, the Conclusions on the Protection of Vulnerable Adults across the European Union noted that “vulnerable adults who are suspects or accused persons in criminal proceedings may experience a number of difficulties that may impair the full exercise of their procedural rights and may undermine the right to a fair trial” and that “the EU and its institutions should respond to the problems and difficulties faced by European citizens in exercising their rights, especially in cross-border situations, and must ensure full and effective access to justice for all European citizens”.1 Against this background, it should not be forgotten that, for the first time in history, the EU has ratified a UN treaty: the UN Convention on the Rights of Persons with Disabilities (CRPD), together with all EU Member States. The CRPD, adopted in 2006 and which entered into force in 2008, marked a breakthrough in setting minimum standards for rights of persons with disabilities and was defined as a ‘paradigm shift’ in approach to the concept of ‘disability’ in international human rights law.2 The EU is progressing with the implementation of the CRPD in several areas and has recently adopted EU Disability Strategy 2021-2030. Amongst other things, the Strategy recalls the UN International Principles and Guidelines on Access to Justice for Persons with Disabilities and plans that the EU will provide guidance to Member States on access to 1 Council of European Union, Draft Council Conclusions on the Protection of Vulnerable Adults across the European Union § 30. 2 UNCRPD Commentary, OUP 2018. 1

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